Court No. - 27
Case :- WRIT - C No. - 14894 of 2018 Petitioner :- Phool Jahan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Narayan Singh,Avdhesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri S.N. Singh, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
Shri Singh, learned counsel for the petitioner submits that the appeal of the petitioner against the cancellation of the fair price shop licence accompanied by a stay application is pending consideration before the appellate authority/respondent No.2. The appeal is registered as Appeal No.201813000000520. The only prayer made by the learned counsel for the petitioner is that the stay application as well as appeal have been pending for long and hence, the same may be decided within a stipulated time frame.
Learned Standing Counsel has no objection to the prayer being granted.
No useful purpose will be served by keeping the writ petition pending. By consent of the parties, the writ petition is being finally disposed of.
The respondent No.2 or any other authority, before whom the appeal is pending, is directed to decide the appeal within a period of two months from the date of production of a certified copy of this order.
Right of the petitioner has been amply protected by the Hon'ble Supreme Court in the case of Poonam Vs. State of U.P and others, reported at 2016 (7) ADJ 530.
In the light of the law laid down by the Hon'ble Supreme Court in the case of Poonam (supra), any appointment of an alternative fair price shop dealer or any other arrangement made by the authorities shall abide by the decision of the appeal.
With the aforesaid directions/observations, the writ petition is finally disposed of.
Order Date :- 24.4.2018 Ashish Tripathi